Opinion Editorials

Winners and losers of the 2013 Colorado General Assembly

By The Denver Post Editorial Board

Posted:
05/09/2013 06:14:30 PM MDT

Matt Milner, Special to The Denver Post

Like the 17-year cicadas hitting the East Coast this spring, the 2013 session of the Colorado General Assembly will go down as a hot, noisy spectacle people aren't likely to see again for some time. With Democrats fully in control of both chambers of the legislature, the wheel of state was turned hard to the left, with Gov. John Hickenlooper tasked with yanking it starboard as best he could.

Lawmakers passed the most significant package of gun control legislation in decades. They approved civil unions for same-sex couples. They allowed immigrants not in the country legally to get in-state tuition at public colleges and to obtain driver's licenses. They passed an elections reform bill that would send mail ballots to all voters and allow same-day voter registration, something many Democrats believe is more likely to favor their party than Republicans. Democrats were only partially successful in enacting tougher rules on oil and gas operations, and they could hand unions only a few mild victories.Meanwhile, the legislature approved a regulatory system for marijuana and rewrote the state's school finance law. Here's a look at some of the winners and losers from the 2013 session:

WINNERS:

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Gov. John Hickenlooper. The self-proclaimed "listener" got an earful during the 2013 session, his first in which fellow Democrats controlled both chambers. He angered many on the right by signing into law a gun control package and infuriated some on the left with his opposition to strict regulations on oil and gas operations, earning him the nickname "Frackenlooper." Still, he successfully pushed an effort to repurpose the Fort Lyon prison into a treatment center for the homeless, resurrecting the bill after it died in the Senate. His lobbying team, armed with his veto threats, also successfully snuffed efforts to repeal the death penalty and give unions more bargaining power during lockouts. His efforts helped whittle down a renewable energy mandate on rural electric companies. In short, a session that could have been a disaster for him may produce no vetoes.

Gay-rights supporters. In a hard-fought victory, a bill to permit same-sex civil unions was signed into law, less than a year after House Republicans scuttled the legislation. But as sweet as the civil unions cake tastes, gay-rights supporters look at other states that have been passing outright same-sex marriage laws. Expect another chapter to this story.

House Speaker Mark Ferrandino. The Denver Democrat led his caucus in retaking the House in the 2012 elections. His election as the state's first gay speaker was historic by itself, but he also led his chamber through a highly contentious session with many late nights and long fights. He was heavily involved in brokering deals on the budget and other matters.

Rep. Rhonda Fields. The Aurora Democrat earned national attention as she led efforts on the most substantial package of gun control legislation in Colorado in decades. The effort made her the target of racist and misogynistic death threats. Her life story, as the mother of a murdered son, gave her efforts added heft, despite her mistakenly saying at one point her son was killed with an assault rifle. Her heightened stature also helped her kill a bill to repeal the death penalty.

David Kopel. This Independence Institute researcher and University of Denver law professor emerged as gun rights supporters' go-to guy for Second Amendment information and technical knowledge on guns.

Immigrants. After years of defeats, 2013 finally saw passage of legislation that would allow those in the country illegally who have graduated from Colorado high schools to attend college at the in-state tuition rate. And lawmakers passed a bill that would let people without legal immigration status to get driver's licenses.

Sen. Greg Brophy.The Republican from Wray was always in the news with his quirky, innovative bills that ranged from rules on self-driven cars to changing daylight saving time. He also became one of the loudest voices in the state for gun rights, firing off pithy quotes that exploded like watermelons on a shooting range. Brophy supported a bill allowing in-state tuition for students without lawful immigration status. Might he be the GOP's gubernatorial nominee in 2014?

Trial attorneys. Will benefit from a bill allowing employees at the smallest firms to sue for discrimination. And a concession in the driving-while-stoned bill will create a new market for defense lawyers to prove their clients weren't impaired even though they tested above the legal limit.

Sen. Mike Johnston. Known as the "Blond Jesus of Education Reform" at the Capitol, the Denver Democrat was a key leader on a bill to rewrite the state's formula for funding public schools, a massive undertaking. And he was a driving force behind the bill to grant in-state tuition to students who don't have lawful immigration status.

County clerks. Proved once again their nearly unquestioned supremacy at the Capitol, spearheading a highly contentious elections reform bill that passed over the angry protests of Republicans. They steamrolled Colorado Secretary of State Scott Gessler, whose protests against the bill fell on deaf ears and whom they never invited to the party despite his being the state's chief elections officer. Don't jerk with the clerks.

State workers. After four years without a raise — including years in which they had to take furloughs and saw their pension contributions rise — they finally got a raise. And it was higher than they first thought it would be. Meanwhile, state correctional workers will start getting paid more with the passage of bill that enacts new rules on their overtime hours.

Sen. Owen Hill. This freshman Republican from Colorado Springs showed political courage when he came out in favor of a bill to allow immigrant students without legal status to attend college at in-state tuition rates. Hill was savaged for his position in his own district by many of his supporters, including some top El Paso County Republicans. He didn't back down, standing as tall and firm as the Statue of Liberty he invoked in his speeches. Honorable mention also to several other Republicans who, while not facing the level of blowback Hill did, nonetheless showed that there are other GOP lawmakers who are welcoming of immigrants by supporting the bill.

Rep. Carole Murray. In an example of conscience over politics, Murray, a Republican from conservative Castle Rock, voted in favor of same-sex civil unions, saying in an emotional speech that she wanted to be able to look herself in the mirror and that voting for civil unions followed her "Republican belief in personal liberty, equality, and individual responsibility for each and every one of our citizens."

Dogs. Saw a bill passed that would require police officers to be trained for dog encounters to reduce the number of family dogs shot by cops. Shelter and rescue dogs (and cats!) were named as the state's official pets. It's like the gold dome was turned into one big Snausage.

Sen. Steve King. The Grand Junction Republican saw passage of a driving-while-high bill this session after years of consistently leading efforts on the issue. He also helped put the issue of a state aerial firefighting fleet on the map. And he did it all with nary a hair out of place.

Pot industry. Colorado became the first state in the nation to enact laws to regulate the legal sale of marijuana, further legitimizing it. Industry leaders fended off attempts to allow voters to repeal legalization. Medical marijuana dispensaries will get a head start on becoming retailers.

LOSERS:

Dudley Brown. The head of Rocky Mountain Gun Owners doubted Democrats could get any gun control legislation passed, saying early in the session, "At some point, the weak knees are going to start knocking in the legislature. We're calling their bluff." But Brown could only watch as Democrats shepherded through the most historic package of gun control legislation in Colorado in decades. While he vowed to "hunt Democrats" in the next election cycle, Brown now finds himself the quarry. He and his organization face a lawsuit in federal court over the unauhorized use of a picture in a campaign mailer. Meanwhile, a lobbyist for Brown's group was hit with an ethics complaint after an altercation with a Republican lawmaker who said he was using hardball tactics against her. There is a reason a National Rifle Association official once described Brown as "the Al Sharpton of the gun movement."

Rep. Joe Salazar. This freshman Democrat from Thornton found himself the target of conservatives nationally after suggesting, during a debate on a bill to ban concealed weapons on college campuses, that hysterical, trigger-happy women students who "feel like (they're) gonna be raped" could whip out guns and "pop, pop a round at somebody." Instead of women carrying guns, he said, "That's why we have call boxes, that's why we have safe zones, that's why we have whistles." While Republicans went overboard in trying to "Akin-ize" the remarks, a staggering false equivalence to "legitimate rape," Salazar's comments were ill- informed and contributed to the death of the bill. Salazar apologized but — pop, pop — it was too late.

Sen. Evie Hudak. Similar to Salazar, the Westminster Democrat planted her feet firmly in her mouth during a hearing on the bill to ban concealed weapons on campus. Hudak told a victim of a rape who said she'd wished she'd been armed that "statistics are not on your side even if you had a gun" and that it was more likely the rapist would have used the gun on her. Though Hudak later apologized, the comments went viral and contributed to the death of the bill. It also spawned a recall petition against Hudak. Luckily for Hudak, though, the statistics are on her side when it comes to recall petitions, which are extreme longshots.

Senate President John Morse. He sponsored an ill-defined liability-for-guns bill that couldn't muster support from his own Democratic caucus, and pushed a bill to grant tax credits to low-income Coloradans that was greatly watered down in the House. Morse also backed a telecommunications regulation bill and legislation allowing for the repeal of marijuana legalization that he couldn't find enough votes for. Meanwhile, his outspoken support of gun control prompted a recall effort against him — unlikely though it may be.

DRAW:

Rep. Mark Waller. The House minority leader, a Colorado Springs Republican, was instrumental in getting a bill passed to set a standard for driving while stoned. He also managed to find a few Republican votes in favor of the budget. But he sometimes lost control of his caucus and came across as obstructive as debates went late into the night. Still, Waller is the leading GOP contender for attorney general.

Enviros. They won a battle to enact stricter renewable energy standards for rural electric companies, but a bill to impose higher fines on oil and gas companies died, as did another to prevent industry employees from sitting on the Colorado Oil and Gas Conservation Commission.

Business community. It faced a slew of unwanted bills, from measures regulating oil and gas bills to expanded family leave. But it also saw much of that legislation moderated through negotiations that often involved the governor's office.

Unions. They got a bill through the legislature expanding collective bargaining rights for firefighters, but it was greatly watered down after veto threats from Gov. Hickenlooper. Unions saw passage of a bill to enforce hiring preferences for Colorado workers in state contracting that was also heavily diluted, but failed to get a bill passed that would provide unemployment benefits to employees locked out in contract disputes.

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